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Our Court of Protection solicitors egularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.
When a local authority determines that a care home placement is necessary for a loved one, but you disagree with the decision, it can be an incredibly distressing and challenging situation. However, it is important to remember that you have rights and...
I started my role as a graduate paralegal at Stephensons on 16 January 2023, it is my first legal job and my first step into a (hopefully) long legal career. Not only was the job new to me, but the area of law itself was something I had very little...
The case of A Local Authority v MF & Ors [2022] EWCOP 54 , which was recently published on the National Archive, concerned a 40-year-old man ‘M’ with a diagnosis of moderate learning disability and schizoaffective disorder. An application...
The Mental Capacity Act 2005 is the legal framework which allows decisions to be made on behalf of people who lack the mental capacity to make the decision themselves, including decisions to deprive a person ‘P’ of his or her liberty. ...
DOLS (deprivation of liberty safeguards) are used to deprive a person of their liberty if they are in a hospital, care home or nursing home. This is because the nature of their care arrangements mean that their freedom needs to be restricted (for example,...
If you think that someone is being deprived of their liberty, you should talk to the people in charge of their care. In a care or nursing home, this would be the home manager, and in a hospital, this may be a doctor or nurse (often referred to as the...
The recent case of Lancashire and South Cumbria NHS FT and Lancashire CC v AH [2023] EWCOP 1 concerned a 46-year-old woman (‘AH’) with a diagnosis of type one diabetes, mild learning disability and suspected borderline personality...
The term “DoLS” (Deprivation of Liberty Safeguards) is often viewed as a negative and draconian concept, as the person being deprived of their liberty is having their freedoms restricted, impacting their right to liberty under Article 5 of the...
A deprivation of liberty occurs when a person (P) has their personal freedom restricted. This could be because of their care package, to meet their care needs and keep them safe (for example in a locked care home). Article 5 of the European Convention...
Deprivation of liberty safeguards (DOLS) are used to deprive a person of their liberty if they are in a hospital, care home or nursing home. The DOLS assessment makes sure that the care being given to a person who lacks capacity is in their best...
